Reliance Capital Limited v. Abhijeet Roads Ltd. And 4 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION [ COMMERCIAL DIVISION ] COMMERCIAL ARBITRATION PETITION NO.217 OF 2017 Reliance Capital Ltd.

.. Petitioner Vs.

Abhijeet Roads Ltd. and Ors.

.. Respondents Mr. Kulin Dave, i/by K.S. Legal & Associates, for the Petitioner. None for the Respondents.

CORAM : A. K. MENON, J.

TH FEBRUARY, 2022.

DATE : 8 [ THROUGH VIDEO CONFERENCE ] P.C. :

1.

This petition has been pending since 1 st April 2017. An ad-interim order is seen to have been passed on 4 th April 2017 and has been continuing till date. Respondents were represented on 21 st April 2017 and thereafter on th June 2017 and on subsequent dates as late as 8 th August 2017.

2.

On 24 th January 2022, Mr. Dave, learned counsel for the petitioner was directed to inform the respondents of the fact that this matter will be heard and disposed on the next date. Affidavit-of-service was to be filed by 3 rd February 2022. Mr. Dave states that he has instructions to enter appearance on behalf of the petitioner, however appearance of the previous Advocate is shown on board. There are two Advocates on record for the petitioner, namely, Mr. S.J. Thakker and Ms. K.H. Rajani. Mr. Dave undertakes to obtain no objection endorsement from the previous Advocates within four weeks 1/2 21-CARBP-217-2017.doc Dixit

from today. The respondents are absent. Mr. Dave states that notice has been served upon the respondents and he undertakes to file affidavit-of-service. 3.

In any event, an ad-interim order has been continuing in this matter from 21 st April 2017. In view thereof, I am of the view that this petition can be disposed by confirming the ad-interim order. Accordingly, I pass the following order :- (i) The ad-interim order granted on 4 th April 2017, which has been continuing till date, shall continue to operate as interim order pending reference to arbitration. (ii) Affidavit-of-service on behalf of the petitioner to be filed in the registry on or before 11 th February 2022.

(iii) Registry is directed to accept affidavit-of-service subject to Mr. Dave's undertaking to comply with the office objections.

(iv) Advocates on record for the petitioner, namely, Mr. S.J. Thakker and Ms. K.H. Rajani, are directed to ensure compliance with the aforesaid directions and within the time specified.

(v) Prothonotary and Senior Master shall address e-mails to the Advocates on record for the petitioner, namely, Mr. S.J. Thakker and Ms. K.H. Rajani, informing them of this order and to ensure compliance.

(vi) Arbitration Petition is disposed in the above terms. (A.K. MENON, J.) 2/2 SNEHA ABHAY DIXIT by SNEHA ABHAY DIXIT Date:

2022.02.09 17:04:50 +0530 21-CARBP-217-2017.doc Dixit